Building Compliance Infringements
This page explains how Councils are involved in enforcement of building infringement offences and the fees that are incurred.
When did Councils get involved?
The order of Building (Infringement Offences, Fees and Forms) Regulations 2007 was adopted by government on 17 December 2007 and took effect on 1 July 2008. These regulations specify the offences under the Building Act 2004 that may be dealt with as infringement notices and list fees that are charged against each offence.
The enforcement authorities are:
- Territorial Councils - for offences relating to buildings
- Regional Councils - for offences relating to dams
Why would an Infringement Notice be issued?
The purpose of the regulation is to ensure that building work is carried out in accordance with the building consent (under the Building Act 2004 and the Building Code), to ensure that buildings are safe, sanitary and have suitable means of escape from fire. If building work does not comply and an offence is alleged to have occurred, the Council's Building Compliance Officers are authorised to issue a Building Infringement Notice to the owner or the builder. This Notice can be delivered personally or served by post.
The Infringement Notice will describe the nature of the alleged offence and list the fee(s) payable to Council for the offence.
What happens if I ignore the Infringement Notice?
If an Infringement Notice is ignored and the fee is not paid by the due date (28 days after the Infringement Notice has been served), then a Reminder Notice will be sent.
If you do not pay the fee and do not ask for a court hearing within 28 days after you receive the Reminder Notice, the Council will consider whether it will bring proceedings against you in court for the offence. If it does, you are liable to pay a fine and court costs.
You have rights
Summary Proceedings Act 1957 sets out the rights of persons alleged to have committed an infringement. A summary of rights is listed on the reverse of every Infringement Notice. This summary outlines possible defences, further action and consequences of non-payment. Persons receiving Infringement Notices may also wish to consult a lawyer.
What are the building infringement offences and their fees?
You may view the description of building offences and the infringement fees by using the link below for Building Infringement Fees.
Links to more building infringement information
Porirua City Council links: